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BOARD OF COUNTY COMMISSIONERS OF RIO ARRIBA COUNTY
PLANNING AND ZONING COMMITTEE
RIO ARRIBA COUNTY, ESPANOLA COUNTY COMPLEX
ESPANOLA, NEW MEXICO
AGENDA
JUNE 4, 2008 at 1:30 p.m.

ORDINANCE NO. 2008-03

TEMPORARY MORATORIUM ON THE PROCESSING AND
GRANTING OF APPLICATIONS FOR CHANGE OF USE WITH REGARD TO
GAS AND OIL DEVELOPMENT, DRILLING AND OTHER RELATED ACTIVITIES

WHEREAS, on March 27, 2008, the Board of County Commissioners (the “Board”) of Rio Arriba County (the “County”) adopted Resolution 2008-078;

WHEREAS, the County, in the Comprehensive Plan adopted by the Board on January 24, 2008, has committed to protecting the County’s traditional land-based communities, customs and cultures; improving the quality of life in the County; protecting the County’s precious water and natural resources; and developing housing, education and a business-friendly environment that creates prosperity and a bright future for the County’s youth;

WHEREAS, as set forth in the Rio Arriba County Design and Development Regulation System, being Rio Arriba County Ordinance 2000-01 (“Ordinance 2000-01”), the County is committed to providing for orderly development within the County in order to protect its natural resources, air, land and beauty, in order that they may be enjoyed by future generations;

WHEREAS, as set forth in Ordinance 2000-01, the impact of unmanaged development in the County must be reduced as much as possible;

WHEREAS, the County is committed to preserving and protecting the health, safety and welfare of its residents and property owners; its environment, ecosystems, water, watersheds, air, scenic beauty and other natural resources; and its history, culture and archeology; all for the benefit of the County and its citizens;

WHEREAS, the County and other areas within the State of New Mexico have recently experienced a rapid and unanticipated expansion of new oil and natural gas development and related activities, including, without limitation, drilling, exploration and extraction for oil and natural gas (collectively “Oil and Gas Development”) into areas that have previously not had such development or have had such development only on a very limited basis;

WHEREAS, the rapid and unanticipated expansion of Oil and Gas Development within the County as described above, and new Oil and Gas Development in other areas of the County, together with the inadequacy of the County’s current ordinances to address such development, have created an emergency that threatens the health, safety and welfare of the County and the various valuable resources within the County described herein, and pose an immediate threat to the public health, safety and welfare, thereby necessitating this Ordinance and the adoption of the New Ordinance;

WHEREAS, if Oil and Gas Development is not properly and suitably regulated by the County pursuant to its lawful zoning and police powers, such development will have immediate and long-term detrimental impacts on the County’s citizens, property owners, natural resources, history, culture and archeology and other important resources, including, without limitation, public health, safety, the economy, infrastructure, public services and property rights;

WHEREAS, although Oil and Gas Development in the County currently requires changes in use, use permits or change in use permits under Ordinance 2000-01 as a condition for the commencement of such development, the County’s existing ordinances are inadequate to address the immediate and long-term detrimental impacts of Oil and Gas Development within the County on the County’s citizens, property owners, natural resources, history, culture and archeology, including, without limitation, public health, safety, the economy, infrastructure, public services and property rights;

WHEREAS, the County intends to prepare and adopt amendments to Ordinance 2000-01, amendments to other County ordinances, and/or new ordinances (collectively the “New Ordinances”), in order to address and regulate various impacts, effects and activities associated with Oil and Gas Development within the County;

WHEREAS, the New Ordinances are intended to provide for uniform and cohesive regulations to protect the County’s citizens and resources from negative impacts of Oil and Gas Development within the County, rather than the imposition of ad hoc restrictions that would necessarily arise from a piecemeal consideration of applications under Ordinance 2000-01 for Oil and Gas Development without such uniform and cohesive regulations;

WHEREAS, the County will require the engagement of consultants, including attorneys, to assist with its development and adoption of appropriate goals, objectives, policies, strategies, standards, conditions and regulations relating to the impacts of Oil and Gas Development within the County on the various resources referred to herein, which will serve as the basis for the preparation and adoption of the New Ordinances, as well as time to investigate the availability of and secure additional funding to defray the costs associated with administrative planning and consultants relating to the New Ordinances;

WHEREAS, the adoption of this Ordinance is necessary to ensure a complete discussion of and participation in development of the New Ordinances by residents, oil and gas operators, property owners and other interested parties, including public input on the issues, concerns and recommendations related to the New Ordinances;

WHEREAS, given the foregoing concerns, a moratorium of one hundred eighty (180) calendar days on the processing, granting, approval and issuance by the County of any applications for changes in use, use permits or change in use permits under Ordinance 2000-01 relating to Oil and Gas Development is necessary and reasonable in order to complete a fair and comprehensive process that results in legally, scientifically and technically sound plans, policies and regulations;

WHEREAS, the County may extend the period of time of this Ordinance, if required to complete and adopt the New Ordinances;

WHEREAS, this Ordinance constitutes a valid exercise of the County’s zoning and/or police power, consistent with Section 3-2-1, NMSA 1978 (“Zoning; Authority of County”) and Section 4-37-1 et seq., NMSA 1978 (“County Ordinances”);

WHEREAS, this Ordinance will serve compelling county, regional, tribal, state and federal governmental interests to further protect the County’s citizens, property owners, natural resources, history, culture and archeology, including, without limitation, public health, safety, welfare, the economy, infrastructure, public services and property rights; and constitutes a comprehensive, rational and appropriate exercise of the County’s emergency powers and authority.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF RIO ARRIBA COUNTY, NEW MEXICO:

Section 1. The area subject to the moratorium imposed by this Ordinance is any portion of the territory within the County that is not within the zoning jurisdiction of a municipality or not within Native American designated lands. Unless a preemption argument is addressed and proven, this Ordinance will apply to lands owned by the State of New Mexico or the United States.

Section 2. During the effective period of this Ordinance, the processing, granting, approval and issuance by the County of any applications for changes in use, use permits or change in use permits under Ordinance 2000-01 for or relating to new Oil and Gas Development within the area described by Section 1 above, are prohibited.

Section 3. The County Manager and the Director of the County Planning and Zoning Department are hereby directed to proceed with the preparation and drafting of the New Ordinances, and with hearings and other actions necessary for the drafting, development and adoption of the New Ordinances to be done in furtherance of and consistent with the goals and objectives set forth herein, including, without limitation, the engagement of such consultants, including attorneys, to assist therewith, and to investigate the availability of funding to defray the costs associated with the development and adoption of the New Ordinances;

Section 4. If any section, subsection, sentence, clause, item, change or provision of this Ordinance is held invalid, the remainder will not be affected by such invalidity.

Section 5. All County ordinances or parts of any ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.

Section 6. An emergency is hereby declared because of the imminent danger to the County’s citizens, property owners, natural resources, history, culture and archeology, including, without limitation, public health, safety, welfare, the economy, infrastructure, public services and property rights, by virtue of the recent and unanticipated expansion of new Oil and Gas Development, as described herein.

Section 7. As necessary to protect the public health and safety, this Ordinance proposed for adoption will take effect immediately upon its recordation with the County Clerk.

Section 8. This Ordinance will cease to be of effect one hundred eighty (180) calendar days after its recordation with the County Clerk, unless extended by the Board for an additional period of time.

REVIEWED, APPROVED AND AOPTED ON THIS ____ day of April 2008.

THE BOARD OF COUNTY COMMISSIONERS
OF RIO ARRIBA COUNTY, NEW MEXICO




Alfredo L. Montoya, Chairman
Commissioner, District II



Elias Coriz
Commissioner, District I



Felipe D. Martinez
Commissioner, District III



ATTEST:
J. Fred Vigil, County Clerk



CERTIFICATE OF FILING

I, J. Fred Vigil, County Clerk, do hereby certify that the foregoing Ordinance designated as Ordinance 2008-03 was filed in my office on the ____ day of April 2008 in Book Number _______, pages _____________.



J. Fred Vigil, County Clerk